2001 Supreme Court term

RICKY BELL, WARDEN v. GARY BRADFORD CONE.

Dockets 01-400Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The United States, as amicus, argues that to prove ineffective assistance a defendant must show both deficient performance and prejudice, as required by Strickland.

Background and question before the Court

According to Chief Justice Rehnquist, chief Justice Rehnquist announced the hearing in No. 01‑400, Ricky Bell v. Gary Bradford Cone.

What each side argues

Petitioner Position

Source-limited. The record does not yet support a complete account.

Respondent Position

The respondent argues that counsel’s failure to present evidence of the defendant’s Bronze Star and other life‑saving arguments during the penalty phase amounted to a total abdication of advocacy, depriving the defendant of a chance to argue for life.

What happened at oral argument

Justice Scalia asked, “And he did not allude to that evidence?”

Justice Breyer asked, “All he has abandoned is his closing statement…?”

Justice Souter asked, “Well, that's the whole problem… if we were analyzing it under Strickland…?”

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • e64fb04068be20e8d021-r1-ab90f68d515c9605.pdforal argument transcript

Guide generated September 19, 2026. Automated validation accepted this version.